Cut-And-Paste Constitutionalism

Okay, let’s get this straight. The leader of a deeply divided party that barely controls a quarter of the seats in parliament restored by the Supreme Court is ordered appointed prime minister – no less by five honorable justices themselves.
Parties that supported and opposed an elected prime minister’s dissolution order – twice – vote to confirm the court-mandated head of government. But, then, within the former ruling party, elements that had supported the ill-fated dissolution order ended up voting for the new premier. Some of those elements in the former ruling party who had joined the opposition alliance’s court motion demanding this prime minister’s appointment ended up walking out of the house.
Another opposition party, filled with former Maoist and Madhesi antagonists responsible for Nepal’s worst communal killings, supported the new prime minister. There, too, elements that supported and opposed the dissolution order both times endorsed the new prime minister. They included short-lived cabinet members of the government formed after the first resurrection.
Interspersed here, too, are elements who burned copies of the new constriction upon its promulgation six years ago. In their minuscule/individual capacities, members opposing federalism voted for the premier, while the more virulently ‘nationalist’ strand of communists opposed him. And we’re celebrating how the Supreme Court saved the constitution.
The Americans are happy because MCC is back on the front burner. The Indians and Chinese, for their own reasons, are happy that the new government is what it is – a band-aid until the next injury.
Letting Supreme Court justices define every article of the constitution as its flaws emerge is bad policy. How the panchabhaladmis reached their decision this time and last is still in the realm of speculation. But there is a worse aspect. Can Nepalis be sure that the justices just read and interpreted the law?
What if the next challenge and ruling ends up being something the current cheerleaders hate? Or is that the fig leaf they are waiting for? In an highly opaque collective enterprise entailing agents and interests that are as fluid as they are opportunistic, it is hard to apportion blame when the going gets tough. Buck passing becomes convenient.
Look at things this way; we are still blaming a ceremonial head of state for the nation’s ills created by the political class, condemning enduring legislative skulduggery and ultimately making fertile ground for another uprising. If all we want is camouflage, why not cut the text of the 1990 Constitution and paste it into the 2015 version and continuing governing as if nothing had changed? The 1990 text would be far more credible and effective as a living embodiment of a functional democracy? Heck, it might even salve our collective conscience.

What You Get When You Rope In India and the West

‘Indo-West’ as a geostrategic construct vis-à-vis Nepal continues to provide interesting conjunctions and contrasts. Broadly credited with engineering Nepal’s regime change in 2006, the constituents have carefully played down their divergences. Empowerment, inclusiveness and openness have been malleable enough to provide a façade of a common progressive quest.
Republicanism, secularism and federalism – Nepal’s delicate tripod – has veered sharply away from the much-maligned 12 Point Agreement signed by the erstwhile Seven Party Alliance and Maoist rebels on Indian soil. New Delhi, which actively promoted the anti-palace alliance amid clear domestic cleavages, became inextricably linked with the enterprise. As such, India continues to embody the baleful phenomenon of external influence in Nepal, prompting criticism lately from even from onetime Nepali supporters of this search for a nebulous national newness.
The United States and the European Union drove much of the peace process on India’s back. If New Delhi seethed at this infringement of its version of the Monroe Doctrine, larger geostrategic calculations checked too malignant an articulation of its resentment. You just have to play along to get along.
Of course, each power center displayed varying levels of commitment to the emblems of a new Nepal. Steadfast support to left-of-center preponderance against the royalist right had to confront the Chinese juggernaut. If Beijing could go along with this instance of color-coded revolutions, much was because of its enduring Maoist ability to detect and deploy principal and secondary contradictions. The uncovering of the extent of the Indo-West’s hallucinations vis-à-vis the Middle Kingdom had to await the Covid-19 pandemic.
The culmination of our glorified peace process – the 2015 Constitution – was to the liking of neither of Nepal’s two immediate neighbors. New Delhi still cannot wholeheartedly welcome the basic law. While Beijing displayed unusual enthusiasm in hailing it, its subsequent comments and involvement have underscored the depth of its disenchantment. In substance, both Asian giants reflected their reservations in different ways and have been impelled toward some course correction in keeping with their respective national interests. The other side, so to speak, is intent on making sure that doesn’t happen.
With geostrategic considerations regaining traction in the American approach to Nepal, the EU ran the risk of being left behind. Inclusion and equity continued to be core European concerns, which are still reflected in EU documents and that grouping’s joint statements with the Indians and other bilateral partners.
Yet the European version of an otherwise noble endeavor lost much resonance among more and more Nepalis who saw something akin to the arsonist pleading everybody else to put out the fire. By the time the latest Newar-Dalit ruckus erupted, the EU felt compelled to issue a statement denying it had sponsored the individual who was refused a room on account of her caste.
As if Brexit were not enough, the Europeans had to be reminded in Nepal that inclusion was not something that could be imposed. But setback? What setback? The journey to remake Nepal must continue, be it under the aegis of the Indo-West, Indo-Pacific or whatever else is catchy and convenient.